Bykerk and Anor v Hunters Hill Council [2001] NSWLEC 192

Land and Environment Court of New South Wales

CITATION : Bykerk and Anor v Hunters Hill Council [2001] NSWLEC 192 APPLICANTS Bykerk and Anor PARTIES : RESPONDENT Hunters Hill Council FILE NUMBER(S) : 10289 of 2001 CORAM: Pearlman J KEY ISSUES: Practice and Procedure :- practice direction - statement of issues - non-compliance - costs LEGISLATION CITED: Land and Environment Court Pre-Hearing Practice Direction 1999 par 7, par 10 CASES CITED: DATES OF HEARING: 24/07/2001 EX TEMPORE JUDGMENT DATE : 07/24/2001

APPLICANTS Mr J J Bingham (Solicitor) SOLICITORS Deacons LEGAL REPRESENTATIVES: RESPONDENT Ms K M Gerathy (Solicitor) SOLICITORS Abbott Tout

JUDGMENT:

IN THE LAND AND 10289 of 2001 ENVIRONMENT COURT Pearlman J OF NEW SOUTH WALES 24 July 2001

JOHN BYKERK and SUSAN BYKERK Applicants v HUNTERS HILL COUNCIL Respondent

JUDGMENT

1. The matter before me is a notice of motion which seeks an order that the respondent file and serve within 14 days an amended statement of issues that complies with par 7(3) and par 7(4) of the Land and Environment Court Pre-Hearing Practice Direction 1999 and that the respondent provide particulars as requested in the letter from the applicants to the respondent dated 6 June 2001.

2. The statement of issues is an annexure to the affidavit of Ms Rosemarie Slip sworn on 12 July 2001. That statement of issues is dated 9 May 2001. It contains 14 issues, many of which refer by clause number to provisions of various planning instruments.